procurement of services as per GFR provisions

1. PROCUREMENT OF SERVICES
GFR PROVISIONS
AVINASH KUMAR GUPTA
05/02/2018

2. Services
• Ministries /dept may hire External
professionals, consultancy firms, or
consultants
• For a specific job Which is well defined, in
terms of content, Time frame for its
completion
• Outsource certain services

3. RULE 177 SERVICES
• Consulting Service
 procurement involves primarily non-physical ,project-
specific, intellectual and procedural processes where
outcomes/ deliverables would vary from one
consultant to another),
 other than goods or works, except those incidental or
 consequential to the service,
 includes professional, intellectual, training and advisory
services or any other service
 does not include direct engagement of a retired
Government servant.

4. Services Examples
These Services typically involve providing expert
or strategic advice e.g.,
management consultants ,
 policy consultants,
Communications consultants,
Advisory and project related Consulting Services
which include, feasibility studies,
project management, engineering services,
finance, accounting and taxation services,
 training and development etc

5. Rule 178
• The Ministries or Departments may hire
external professionals, consultancy firms
or consultants (referred to as consultant
hereinafter)
• for a specific job, which is well defined in
terms of content and time frame for its
completion.

6. Rule 179
• Detailed instructions to this effect may be
issued by the concerned Ministries or
Departments.
• However, the Ministries or Departments shall
ensure that they do not contravene the basic
rules contained in this chapter.

7. Rule180 Identification of work/Services
required to be performed by consultants
• in situations requiring high quality services for
which the concerned Ministry/ Department
does not have requisite expertise.
• Approval of the competent authority should
be obtained before engaging consultant(s).

8. Rule 181, Preparation of scope of the
required work/service
• The Ministries/Departments should prepare
simple and concise language
 the requirement
 objectives
 scope of the assignment.
 The eligibility and prequalification criteria to
be met by the consultants

9. RULE 182, Estimating reasonable
expenditure
• Ministry or Department proposing to engage
consultant(s) should
estimate reasonable expenditure
by ascertaining the prevalent market
conditions
 and consulting other organizations engaged
in similar activities.

10. Rule 183, Identification of likely
sources
• upto Rs 25 lakhs, list on the basis of enquiries
from other Departments or Chambers of
Commerce & Industry, Association of consultancy
firms etc.
• above Rs 25, additionally an enquiry for seeking
‘Expression of Interest’ from consultants should
be published on Central Public Procurement
Portal (CPPP) at www.eprocure.gov.in, GeM and
on and the Ministry’s web site

11. Expression of Interest
• the broad scope of work or service,
• eligibility and the pre-qualification criteria
• consultant’s past experience in similar work
or service
• comments of consultants on the objectives
and scope of the work or service projected in
the enquiry.
• Adequate time for getting responses from
interested consultants

12. Rule 184, Short listing of consultants
• consultants meeting the requirements should
be short listed for further consideration.
• The number of short listed consultants should
not be less than three

13. Rule 185, Preparation of Terms of
Reference (TOR)
• Precise statement of objectives;
• Outline of the tasks to be carried out;
• Schedule for completion of tasks;
• The support or inputs to be provided by the
Ministry or Department to facilitate the
consultancy.
• The final outputs that will be required of the
Consultant

14. Rule 186, Preparation and Issue of
Request for Proposal (RFP)
• The RFP should be issued to the shortlisted
consultants to seek their technical and
financial proposals.

15. RFP
• A letter of Invitation
• Information to Consultants regarding the procedure for
submission of proposal .
• Terms of Reference (TOR).
• Eligibility and pre-qualification criteria incase the same has
not been ascertained through Enquiry for Expression of
Interest.
• List of key position whose CV and experience would be
evaluated.
• Bid evaluation criteria and selection procedure.
• Standard formats for technical and financial proposal.
• Proposed contract terms.
• Procedure proposed to be followed for midterm review of the
progress of the work and review of the final draft report.

16. Rule 187, Receipt and opening of
proposals
• Proposals should ordinarily be asked for from
consultants in ‘Two bid’system.
• submit the same by the specified date and
time at the specified place.
• the technical proposals should be opened
first at the specified date, time and place.

17. Rule 188,Late Bids
• Late Bids :
• bids received after the specified date and
time of receipt, should not be considered

18. Rule189, Evaluation of Technical Bids
• Technical bids should be analyzed and
evaluated by a Consultancy Evaluation
Committee (CEC)
• . The CEC shall record in detail the reasons for
acceptance or rejection of the technical
proposals analyzed and evaluated by it.

19. Rule190, Evaluation of Financial Bids
of the technically qualified bidders
• open the financial bids of only those bidders
who have been declared technically qualified
by the Consultancy Evaluation Committee as
per Rule 174 above
• further analysis or evaluation and ranking
and selecting the successful bidder
• Sign consultancy contract.

20. RULE 191, Methods of Selection/
Evaluation of
Consultancy Proposals
• The basis of selection of the consultant shall
follow any of the methods given in Rule 192 to
194 as appropriate for the circumstances in
each case.

21. Rule 192 Quality and Cost Based
Selection
(QCBS)
• where quality of consultancy is of prime
concern.
• initially the quality of technical proposals is
scored as per criteria announced in the RFP.
• Only those responsive proposals that have
achieved at least minimum specified
qualifying score in quality of technical
proposal are considered further.

22. (QCBS)
• open and score, the Financial proposals of
responsive technically qualified bidders
• Finally combined score is arrived at by giving
predefined relative weightages for the score
of quality of the technical proposal and the
score of financial proposal.

23. QCBS
• The RFP shall specify the minimum qualifying score for the
quality of technical proposal
• relative weight ages to be given to the quality and cost
(determined for each case depending on the relative
importance of quality vis-a-vis cost aspects in the assignment,
e.g. 70:30, 60:40, 50:50 etc
.
• The proposal with the highest weighted combined score
(quality and cost) shall be selected.
• The weight age of the technical parameters i.e. non-
financialparameters in no case should exceed 80 percent.

24. Rue 193, Least Cost System (LCS)
• LCS is appropriate for assignments of a standard
• or routine nature (such as audits and engineering
design of non-complex wor k s ) whe r e we l l e s
tabl i shed methodologies, practices and
standardsexist.
• Unlike QCBS, there is no weight age for Technical
score in the final evaluation and the responsive
technically qualified proposal with the lowest
evaluated cost shall be selected.

25. Rule 194 Single Source
Selection/Consultancy
by nomination
• Only under exceptional circumstance such as:
 tasks that represent a natural continuation of
previous work carried out by the firm;
 in case of an emergency situation, situations
arising after natural disasters, situations where
timely completion of the assignment is of utmost
importance;
 situations where execution of the assignment
may involve use of proprietary techniques or only
one consultant has requisite expertise

26. Rule194, Consultancy by nomination
• Under some special circumstances, it may become
necessary to select a particular consultant
• adequate justification is available for such single-
source selection
• overall interest of the Ministry or Department.
• Full justification should be recorded in the file
• approval of the competent authority obtained
before resorting to such single-source selection
• ensure that the prices are reasonable and consistent
with market rates for tasks of a similar nature;

27. Rule195, Monitoring the Contract
• The Ministry/Department should be involved
throughout in the conduct of consultancy,
• continuously monitor the performance of the
consultant(s)
• so that the output of the consultancy is in line
with the Ministry /Department’s objectives

28. Rule 196 Public competition for Design
of symbols/logos
• Design competition should be conducted in a
transparent, fair and objective manner.
• Wide publicity should be given to the competition so as
to ensure that the information is accessible to all
possible participants in the competition.
• This should include publication on the website of Mini
stry /Department concerned, as also the Central Public
Procurement Portal.
• If the selection has been by a jury of experts
nominated for the purpose, the composition of the jury
may also be notified

29. Rule 197 ,Non Consulting services
• "Non-Consulting Service" means any
subject matter of procurement (which as
distinguished from ‘Consultancy Services’,
involve physical, measurable
deliverables / outcomes , where
performance standards can be clearly
identified and consistently applied, other
than goods or works, except those
incidental or consequential to the service,

30. Non consulting Services
• Non consulting Services includes
 maintenance,
 hiring of vehicle,
 outsourcing of building facilities management,
 security,
 Photocopier service,
 janitor, office errand services,
 drilling,
 aerial photography,
 Satellite imagery, mapping etc.

31. Rule 198 ,OUTSOURCING OF SERVICES
• A Ministry or Department may outsource
certain services
• in the interest of economy and efficiency
• Department may prescribe detailed
instructions and procedures for this purpose
• without, however, contravening the following
basic GFR guidelines.

32. Rule 199, Identification of likely
contractors
• The Ministry or Department should prepare a
list of likely and potential contractors
• on the basis of formal or informal enquiries
from other Ministries or Departments and
Organizations involved in similar activities,
• scrutiny of ‘Yellow pages’, and trade journals,
if available, web site etc

33. Rule200 , Preparation of Tender
enquiry
• The details of the work or service to be
performed by the contractor;
• The facilities and the inputs which will be
provided to the contractor by the Ministry or
Department;
• Eligibility and qualification criteria to be met by
the contractor for performing the required
work/service;
• The statutory and contractual obligations to be
complied with by the contractor.

34. Rule 201, Invitation of Bids:
 For estimated value of the work or service upto Rupees ten
lakhs or less :
 scrutinize the preliminary list of likely contractors as identified
as per Rule 199 above,
 decide the prima facie eligible and capable contractors
issue limited tender enquiry to them asking for their offers
by a specified date and time etc. as per standard practice.
 The number of the contractors so identified for issuing limited
tender enquiry should be more than three

35. Rule 201, Invitation of Bids
• For estimated value of the work or service
above Rupees ten lakhs:
• The Ministry or Department should issue
advertised tender enquiry asking for the offers
by a specified date and time etc.
• on Central Public Procurement Portal (CPPP )
at www.eprocure.gov.in ,GeM, and web site
of the Ministry or Department

36. Rule202 ,Late Bids
• Late bids
• bids received after the specified date and time
of receipt, should not be considered

37. Rule203, Evaluation of Bids
• evaluate, segregate, rank the responsive bids
• select the successful bidder for placement of
the contract

38. Rule204, Outsourcing by choice
When necessary, in an exceptional situation
 the Competent Authority in the Ministry or
Department may do so in consultation with
the Financial Adviser.
In such cases the detailed justification, the
circumstances leading to the outsourcing by
choice and the special interest or purpose it
shall serve shall form an integral part of the
proposal.

39. Rule205 Monitoring the Contract
• The Ministry or Department should be
involved throughout in the conduct of the
contract
• continuously monitor the performance of the
contractor

40. Rule 206
• Any circumstances which are not covered
in Rule 198 to Rule 205 for procurement of
non-consulting services, the procuring
entity may refer Rule 135 to Rule 176
pertaining to procurement of goods and
not to the procurement of consulting
services.